Rights and Duties of Insurer and Insured in Product Liability

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Product liability is an important aspect of consumer protection, ensuring that individuals are not left to bear the consequences of defective products. In this context, both the insurer and the insured play crucial roles. The insurer provides coverage for potential liabilities, while the insured must fulfill certain obligations to maintain the insurance policy. In this blog post, we will discuss the Rights and Duties of Insurer and Insured in Product Liability.

Rights of the Insurer

The insurer has several rights when it comes to product liability insurance. Firstly, they have the right to investigate any claims made by the insured. This allows them to assess the validity of the claim and determine the extent of their liability. Additionally, the insurer has the right to appoint legal counsel to represent the insured in any legal proceedings related to the product liability claim. This ensures that the insured receives proper legal representation, which is essential in defending against such claims. Furthermore, the insurer has the right to recover any payments made to the insured from a third party who may be responsible for the defective product. This right of subrogation allows the insurer to seek reimbursement for the costs incurred.

Duties of the Insured

While the insurer has rights, the insured also has certain duties in product liability cases. The insured has the duty to notify the insurer promptly after becoming aware of a potential product liability claim. This is important to ensure that the insurer has sufficient time to investigate the claim and prepare a defense, if necessary. Additionally, the insured has the duty to cooperate with the insurer during the investigation and defense of the claim. This includes providing all relevant information and documentation that may be required. Failure to fulfill these duties may result in the insurer denying coverage or reducing the amount of coverage provided.

Rights of the Insured

In product liability cases, the insured also has rights that must be protected. One of the primary rights of the insured is the right to be defended by the insurer in any legal proceedings related to the product liability claim. This ensures that the insured is not left to face the legal consequences alone. Additionally, the insured has the right to be indemnified by the insurer for any damages awarded against them in a product liability lawsuit. This means that the insurer will cover the financial losses incurred by the insured as a result of the claim.


Product liability insurance is a crucial protection for businesses and individuals involved in the production and distribution of products. Understanding the rights and duties of both the insurer and the insured is essential in navigating product liability claims. By fulfilling their duties and protecting their rights, both parties can work together to ensure a fair resolution of product liability cases.

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